21 CFR 1316.59 - Submission and receipt of evidence

Cite as21 CFR 1316.59
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71 practice notes
  • Perry County Food & Drug Decision and Order
    • United States
    • Federal Register November 12, 2015
    • November 12, 2015
    ...records, of which I take official notice, Respondent did not file its renewal application until March 3, 2015. See 5 U.S.C. 556(e); 21 CFR 1316.59(e). Significantly, at the time Respondent filed its renewal application, it had previously been served with the Order to Show Cause and Immediat......
  • Farmacia Yani; Decision and Order
    • United States
    • Federal Register May 20, 2015
    • May 20, 2015
    ...Id. at 29. (Indeed, I have taken official notice that the DEA registration validation web-tool provides this information. See 21 CFR 1316.59(e)). Moreover, the ALJ entirely ignored Ms. Soto's testimony (which is corroborated by the Government's evidence), that following the audit by a healt......
  • David A. Ruben, M.D.; Decision and Order
    • United States
    • Federal Register June 26, 2013
    • June 26, 2013
    ...\3\ Under Agency regulations, at the hearing, the ALJ ``shall admit only evidence that is competent and relevant.'' 21 CFR 1316.59(a). If, as the Government argues, such evidence was barred by the doctrine of res judicata (or more precisely, collateral estoppel) the admission of such eviden......
  • JM Pharmacy Group, Inc., d/b/a Farmacia Nueva and Best Pharma Corp; Decision and Order
    • United States
    • Federal Register May 19, 2015
    • May 19, 2015
    ...recognition, and inclusion of material facts in the administrative record by the taking of official notice. 5 U.S.C. 556(e); 21 CFR 1316.59(e); Attorney General's Manual on the Administrative Procedure Act Sec. 7(d) (1947). To the extent either party seeks to challenge the factual predicate......
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3 cases
  • Craker v. Drug Enforcement Admin., No. 09–1220.
    • United States
    • U.S. Court of Appeals — First Circuit
    • April 15, 2013
    ...reconsideration to refute any facts of which the Administrator had taken official notice during the proceedings. Id. at 2108 n. 24;see21 C.F.R. § 1316.59(e). Availing himself of the opportunity, Dr. Craker filed a motion for reconsideration in January 2009. He also requested that the hearin......
  • Craker v. Drug Enforcement Admin., No. 09-1220
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • April 15, 2013
    ...to refute any facts of which the Administrator had taken official notice during the proceedings. Id. at 2108 n.24; see 21 C.F.R. § 1316.59(e).Page 13 Availing himself of the opportunity, Dr. Craker filed a motion for reconsideration in January 2009. He also requested that the hearing be reo......
  • Klinestiver v. Drug Enforcement Administration, No. 78-2178
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 22, 1979
    ...402 U.S. 389, 402, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Nonetheless, petitioner contends that the applicable DEA regulation, 21 C.F.R. § 1316.59(a) (1978) erects a higher standard for the admissibility of evidence in a DEA hearing, permitting the introduction only of evidence that would be......

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